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HomeMy WebLinkAboutCC AG PKT 2006-08-14 #C e AGENDA REPORT DATE: August 14, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REOUEST: Approve minutes for City Council regular meeting held on July 24, 2006. BACKGROUND: e None FINANCIAL IMPACT: None RECOMMENDATION: Approve City Council minutes held on July 24, 2006. ~ Q' vn~ 'I/J.'LI41.1 Li da Devine, dty lerk e Agenda Item c ~ e Seal Beech, California July 24, 2006 The City Council of the City of Seal Beech met at 1:00 p.m. with Meyor larson ceiling the meeting to order with the Selute to the Fleg. ROLL CALL Present Meyor larson Councilmembers Antos, Levitt, Shanks, Ybaben Also present: Mr. Behorski, City Manager Mr. Benow, City AlIorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/Engineering Chief Kirkpatrick, Police Department Mr. Evanoff, Director of Administrative Services Mr. Crumby, Deputy City Engineer Ms. YoslUya, Assletent City Menager Ms. Chapenond, Administrative Assistant Mrs. Devine, City Clerk APPROVAL OF AGENDA Shanks moved, second by Antos, to reorder the agende to consider item "R" - Bluebell Park Conceptual Improvement Plen - aller oral communications and approva the remaining order of the agenda as amended. e AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None . Motion carried PRESENTATIONS/PROCLAMATIONS Mr. Bill Ayers and Ms. Elizabeth Kana representing the 51<110K Run Commlllee gava out 21 grante to various organizations and programs loteling over $61,000. Tha grants wera awarded for youth recreation needa - naxt 51<11 OK Run evant is scheduled for April1th, 2001. ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. A residant expressad his concem over the fact his son was beaten for no reason by several boys by the pier area end that this was not an Isolated Incident. Mayor Larson directed staff to look into the slluallon. Speakers regarding: Bluebell Park - lIem "R": Plan #1 {Bluebell Park CommillaeJYbabenl Sandy Welsh, Birchwood Avenue Arnie Wilkins, CPE Plan #2 {Perka & Rec Commissionl Graham McAllister, Leisure Worid Eldon Alexander, 8th Street Dan Crowley - Aslar Street Bob Sakagushi, Aster Street Gary Byrum, Bluebell Street Floresa Martinez, Aster Street Schelly Sustarslc, CPE Enea Ostrich, CPE Damon Lanier, CPE, staled more thought needs to be considered to the fencing. In favor of Moratorium: Roger West, Electric Avenua Marilyn Osten, 13th Street Oooosa Moretorium: Keith Newberry, 16th Street Carolyn Alexander read letter for Charles Perker Jim KlIsanin, 11th Street Craig Gibson, 11th Straet e e Page - 2 City Council- 01-24-06 132 - 13th Street A009al: (Item "P") In favor: Joyce Ross-Parque Oppose: Rene Spark, 13th Street Dan Kaiser, 14th Street Joyce Ross-Parqua, Seal Beach, sIeted her opinion on several on-going issues - greffiti, salary increases, pensions, buslnass licenses, flnance department procedures, etc. Seal Beach Trailer Park conversion: In favor: Bob Waldar, Walcome Lane Allan Gouga, Welcome Lana Allen Thompson, Collonwood Scott Wilden, Welcome Lana Sue Loflin, aIIorney for residents Thera being no other speakers, Mayor Antos declared Oral Communications closed. (Redevelopment Agency -1tem "2") Oppose: Glan Clark, trailer perk, Patricia Clark, trailer park WIth no obJactions Mayor Larson recessed the City Council meeting at 8:43 p.m. and reconvened the meeting at 8:55 p.m. . ITEM "R" / BLUEBELL PARK CONCEPTUAL IMPROVEMENT PLAN The Director of Public Works/City Engineer gava a brief staff raport giving an overview of what has teken place regarding Bluebell park and asked that the City Council provide direction for the Improvemants to the park. The Director explained that Councilman Ybaben formed a committee (Bluebell Park Renovation Committee) and the commltlee's conceptuel design #1 (exhibit "A") shows the playground area relocated to e different area and the Parka and Recreation Commission's recommendation - conceptual design #2 (exhibit "B") was to Ieeve the park configuration the seme and do some rehabllilallon of the facilities end fenCing. Councilman Ybeben expleined that there are 2 conceptual configurations wllh no detelled designs and the core Issue/question Is what kind of support should be provided for organlzad sports et \he park. The goal of the Bluebell Perk Renovallon Commillee was to look at how the park can be an asset to the community and accommodate both the sports teams and the lot lot area be In e safe locallon - supports concept #1 (exhibit "A"). Councilman Shanks said that he did not agree with Councilman Ybaben and gave a brief history background of College Park East - the developer did not Include any parks - issue should go back to the Parka and Rae Commission not staff - favors concept #2 (exhibit "B"). Councilman Antos reported that he took a noise raading of the park area and favors relocating the tot lot and supports concept #1. Councilmen Levitt stated his concems regarding the traes being overgrown, how the trees are destroying the pavement and sidewalks, eliminaUng the shade in the area, and unexpected costs. Mayor Larson expressed his apprecietion of the work the Perks and Recraetion Commission has done and slslad that his usual policy is to support the person who Is responsible to his district therefore he will support Councilman Ybaben's motion. Ybaben movad, second by Larson to approve design concept layout #1 (exhibit "A') and direGIed staff to provide Council for flnel approval a report to Include an arborist's recommendation as to the condnion of the traes and to have an assessment of the needs of the sport teams' use of \he park. AYES: NOES: Antos. Larson, Levitt, Ybaben Shanks Motion carried . The City AlIomey clarified that the action taken approved conceptual plan #1 (Exhibit 'A') subject to the following conditions: 1) that the trees be examined to delermlne its vlebilily and 2) staff is to confirm the true needs of the sports e Page - 3 City Council-01-24-o6 groups to see if the plan would satisfy their needs. Staff will come back before the Council with the flnal plan after the two conditions are addressed. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Mayor Larson commented that the trailer park is not owned the City and nevar proposed to be owned by the City, he hes steted severel times to keap the Issue of the \railer park off the agenda, and the City should not be Involved wllh the issues between the resIdents - the only conC8m is the repayment of the one million dollar loan to the City. COUNCIL ITEM No Items at this time. CONSENT CALENDAR -ITEMS "B" thru "N" Shanks moved, second by Ybaben, to approve the recommended aelion for items on the Consent Calendar es presented. B. Approved the waiver of reeding In full of all resolutions and ordlnenC9s a.nd that consent to the waiver of reading shall be deemed to be given by all CouncllmembalS afler the reading of the titie unless a specific request is made at that time for the reading of such resolutions and ordlnences. e C. Approved the minutes of the regular City Council meeting held on July 24, 2006. D. Approved regular demands numbered 58518 through 59035 in the amount of $4,011,291.59; payroll demands numberad 58519 through 58626, 58188 In the amount of $193,833.81; number 58842 through 58934, 58982 through 58984 In the amount of $223,911.40; and authorized warrants to be drawn on the Treasury for same. e E. Received and filed the Monthly Investment Report for June, 2006. F. Authorized the City Manger to execute the indemnification agreement with the Seal Beach 5K110K Run Commillae regarding the donallon of $8,300 for a new dMng board at McGaugh Pool. G. Adopted Resolution Number 5480 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND DCOR, LLC FOR LANDING RIGHTS ON THE SEAL BEACH PIER AND VEHICLE PARKING PRIVILEGES IN THE ADJACENT CITY PARKING FACILITIES: By unenimous consent, full reading of Resolution Number 5480 was waived. H. Adopted Resolution Number 5481 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND SUPERSEDING RESOLUTION NUMBER 5163: By unanimous consent, full reading of Resolution Number 5481 was waived. I. Adopted Resolution Number 5482 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH . e AYES: NOES: Page - 4 City Council - 01-24-08 APPROVING CITY MANAGER CONTRACT AMENDMENT NUMBER FIVE AND MEMORANDA OF UNDERSTANDING WITH THE EXECUTIVE/MID-MANAGEMENT TEAM, SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION, AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION (OCEA) FOR FISCAL YEARS 2006-2009." By unanimous consent, full reading of Resolution Number 5482 was waived. J. Adopted Resolution Number 5483 entitied "A RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 200612001." By unanimous consent, full raading of Resolution Number 5483 was weived. Adopted Resolution Number 5484 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 200612007." (Seel Beach Blvd/Lampson Ave Landscepe Maintenance District) By unanimous consent, full reading of Resolution Number 5484 was waived. Adopted Resolution Number 5485 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 200612001." By unanimous consent, full reading of Resolution Number 5485 was waived. K. L. M. Adopted Resolution Number 5486 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TRANSFER OF GRANT FUNDS FROM THE COUNTY OF ORANGE OR CITY OF ANAHEIM UNDER HE URBAN AREAS SECURITY INITIATIVE (UASI)." By unanimous consent, full reading of Resolullon Number 5486 was waived. N. Adopted Resolullon Number 5481 enlilled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE SEWER PUMP STATION 35 PHASE 2 UPGRADE, PROJECT NO. 49886." Contrect awarded to SoCal Paciflc Construction Corp., the lowest responsible bidder and authorizad the City Manager to execute the agreement By unanimous consent, full reading of Resolution Number 5481 was waived. Bids were received until June 21, 2006, at 10:00 a.m. for the Sewer Pump Stetion 35 - Phase 2 upgrades, Project No. 49886, at which time they were publicly opened by the City Clerk es follows: Comoanv: Gantry Constructors, Inc. Caliague SoCal Pacific Construction Corp. Cora Constructors, Inc. Bid Amount $1,060,000.00 1.219,555.00 894,125.00 1,366,000.00 Antos, Larson, Levitt, Shenks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR No llems were removed. e PUBLIC HEARING / ORDINANCE NUMBER 1548/ EXTENSION OF INTERIM ORDINANCE NUMBER 1541/ MORATORIUM ON THIRD STORY BUILDINGS e Page - 5 City Council - 01-24-06 . Mayor Larson declared the public hearing open for consideration of extension of Interim Ordinance Number 1541. The City Clerk stated that the notice was published in the Sun newspaper on July 13th, 2006, as required by law and no correspondence for or against this item was received by the City Clerk's office. The Director of Development Services indlceted that the Council raceived copies of the correspondence received regerding this issue - 5 were in favor and 11 were egainst and a petition with 46 signatures was also received. The Director stated that the purpose of the public hearing was to consider the extension of Ordinance Number 1541 that was adopted by Council on June 28th - eccording to the provisions of stete law en urgency ordinance Is only effective for 45 days and before the and of that period the Council must hold a public hearing and receive commants In order to consider the extension of the ordlnenca and must receive a 4/5 vote. For Council consideration was an ordinance that would extend the previously adopted ordinance to 10 months end 15 days and background material was also provided. The Director explained that the Planning Commission had approved a time schedule to expedite the process of reviewing the Zoning Code - study sessions could be held weekly followed by public hearings by the Commission and the Council - new regulations could be adopted by early 2001. The moretorium Issue will raqulre more study due to the commun~y concems - the petition the Council received indicated the concern of how the moretorium would effect the entire city - the 3 story building Issue only effects the residential area in District I zone (medium and high density). The Director presented a map that showed where the properties that are affected are located. Council would rescind the urgency ordinance upon adoption of the new regulation ordinance - by law a report describing the measures taken to alleviate the condllions thet led to the adopllon of the urgency ordinance was prepared (July 14,2006) and a copy was'glven to tha Council end a copy was available to public review. Councilman Ybeben clarified that the Council could edopt a date certain (6 months) ordinence that would ensure everyone would get the Job done. Councilman Shanks inquired if covered roof eccasses would be affected - response was "no". Mayor Larson asked those who wish to speak to this item to approach the podium and stete their name for the record. Mr. Pat Keams, 15th Street, said that he would like to see the moratorium lifted and stili do the study of the zoning codes - his main issue Is the lack of parking in Old Town. Mr. Jim Caviola, Ocean Avenue, stated he is in favor of the moratorium - be consistent. Ms. Mitzi Morton, Seal Beach, said she supports the continuation of tha moratorium end shorten the study time to 1 months. Ms. Gerri West, Electric Avenua, said she supports the moretorium and a structure in excess of 25 feet in height would have adverse affect on the neighborhood - when the decision was made to allow 3 stories it did not occur to anyone that someone would allempt to make money out of putting two 25 foot lots together and making a structure as envisioned on 13th Straet --the former City Manager was removed because the people wanted to keep Seal Beach a unique smelllown and not make a quick buck. Ms. Joyce Parque, Seal Beach, said that the Council cen do a study w~hout a moratorium - not more than a haW a dozen people have even come to City Hall for a perm~ to 'build a 3 story building - this is America, what is wrong with making a profit - courts have said that you can not stop someone from building because it tekes away your view. Mr. Keith Newberry, 16th Street, said that this issue was brought up about 1 0 years ego end there was no urgency _ urgency ordinance is not needed - the loop hole is building condos - put a moratorium on all building permitS. Mr. Scott Levitt, developer for 13th Street, staled that he Is against the moratorium extension - legal parameters of the moratorium and the reqUirement of extreme mailers that the Council was trying to prevent; indigent circumstance and quantifiable effect on public welfare, safety, and health - stated a court case (Lake Tehoe) -there is no damage and no proof to Justify the moratorium. Mr. Eldon Alexander, 8th Street, said he attended the Planning Commission meeting and the moratorium does not meet the standards required for an urgency ordinance. Ms. Carolyn Alexander, 8th Street, staled that the moratorium d09S have en affect on other people - going to the extreme and should not stop ell construction - will get fewer larger families In the City - should not use emotional key words - if you want to change the codes . . Paga - 6 City Council- 01-24-ll6 e then change the codes without a moratorium - go through the normal process. There being no speakers Mayor Larson declared the public haaring closed. Councilman Levitt said thet his slalemenls were reported inaccurately in the newspapers and read a short statement: the issue is not about 3 story buildings - .tls about denying properly owners the legal use of their properly - a vote to extend the moratorium is wrong and the City will be sued. Councilman Antos explained that the original ordinance provided for a hardship applicallon process and approved the pipeline projects and recommended that the extension be for 6 months (January). Councilman Shanks said that the Planning Commission can not work that quickly and would like to have the moretorium extended for 1 months and Councilman Antos agreed. The City AlIomey clarified that there were 3 properties exempt from the moratorium and that there was a hardship exemption - suggeslad that whatever time limit that the Council agrae to that the Council also include the hardship exemption language that wes in Ordinance 1541, section 4. Councilman Ybaben referred the extended moretorium as a sofl moratorium -the City will not stop all 3 story buildings exception will be granted - believes that a moratorium would apply pressure on the Development Depertment to get the job done. The City AlIomey clarified that after the extension period of 1 months is up the Council can legally extend it one more time. Mayor Larson slated thai tha only reason this Is before the Councll is because of a 3rd story to e condominium - the Planning Commission can stili do a study without an ordinance - can not flnd a reason to extend the moratorium - no souroe for an emergency. Councilman Levill repeated that this is not about 3 stories but rather a condominium - if it was a duplex then It would not have become an issue. Councilman Antos commented thet If the moratorium does not pess then the Council does not heve any bases to get the Planning Commission and staff to address this in a timely mailer. Antos moved, second by Ybaben, to adopt as amended Ordinance Number 1548 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1541, PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS IN THE RESIDENTIAL MEDIUM DENSITY, DISTRICT I, AND RESIDENTIAL HIGH DENSITY, DISTRICT I ZONES FOR ANY. CONSTRUCTION OF OR ADDITIONS TO ANY SWELLING UNIT IN EXCESS OF 25 FEET IN HEIGHT DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF." The extension lime period was changed to seven (1) months and Section 5 would be added (hardship language - section 4 in Ordinance 1541). The Clly AlIomey reed the title into the record. By unanimous consent, full reading of Ordinance Number 1548 was waived. AYES: NOES: Antos, Shenks Larson, Levitt, Ybaben Motion failed The City Manager clarified that at the last Council meeting a list of priorities of what needs to be studied by the Planning Commission was approved by Council. The Zoning Code end Local G.oaslal Plan were the top two priorities - Meyor Larson staled that the Council made it a priority for steff the revise the Zoning Code and to complete the Local.coastal Plan - this will teke time. . PUBLIC HEARING / CONDITIONAL USE PERMIT NO. 06-4 / APPLICANT'S APPEAL /132 - 13TH STREET Councilman Levitt recused himself due to the possible conflict of interest (the applicant is his son) and left the Council Chambers. The C/Iy AlIomey noted that Councilman Levitt does not have a flnancial interest In this project. Mayor Larson declared the public hearing open for consideration of Condillonal Use Permit No. 06-4. The City Clerk slaled that the notice was published in tha Sun newspeper on July 13th, 2006, as required by law and no correspondence for or against this lIem was received by the City Clerk's offlce. The Director of Development Services explained that the Council has 2 separate considerations: e pege - 1 City Council- 01-24-06 e 1) appeal of CUP 06-4 for property at 132 - 13th Street for a condominium development and 2) a public hearing to approva a tantetive parcel map on the subject property. The 3 options are: 1) uphold the Planning Commission decision, 2) grent the applicant's appeal (approve TPM 2006-160), and 3) deny CUP 06-4 in Its entirety - a resolution will need to be drefled and brought to Council for adoption. The Director went over the Planning Commission process _ backup malerial Included in the steff report. The appeal WBll filed In a timely manner. Staff combines the eppeal and TPM in the seme steff report butlwo separate legal notices ware sent out as required by law. The Diraclor explained the process that the Council needs to follow to consider the appeal he also provided pictures of the al<isting property. The Council received copies of correspondence received . 18 In favor of the 3 story condominium and 1 in opposition. Mayor Larson asked those who wish Ie speak Ie this item to approach the podium end stale their name for the record. Ms. Joyce Parque, Seal Beach, said she is In favor of the appeal - the applicant followed codes and went through the process - the owner has agreed to the project - this would be 2 home ownerships not rentals - showed pictures of other projects. Mr. Scolt Levitt, developar of 13th Street, gave a summary of the process and stated his cause - met all the requirements for a condominium (CC&R'S) - received a walvar from the Coas\el Commission - W this project was a single family duplex then no CUP would have been required - believes a flyer that was sent out with misleading information caused this problem - read sentencas from the General Plen that was omitted from one of the Commissioners slatements - will be building a duplex in the next 30 days. Shanks moved, second by Ybaben to waive Section 11 and 18 of Resolution 5179 to consider the remainder of the agenda Items after 11 :00 p.m. and adjourn the meeting by 11 :59 p.m. - no objections. Mr. Jim Caviola, Ocean Avenue, said this project Is not compatible with the neighborhood and the owner of the property is not present and urged to uphold the Planning Commission decision - no special privileges. Ms. Gerri West, Electric Avenue, asks to uphold the Planning Commission decision end steted that escrow is subject to Council approval- maximum height is 2 stories. Ms. Mitzi Morton, Seal Beech, stated she opposes the appeal- build a 2 story condo or build a 3 story duplex. Mr. Warren Morton. 13th Street, said not to build 3 stories. Mr. ScoII Levitt rabutted that the owner is required to sign all the documentations/papers and is aware of the project - escrow will close on July 26th - there is no difference from a 3 condo and a 3 story duplex. Thera being no speakers Mayor Larson declared the public hearing closed. The City AlIomey clarified that the same building can be built as a duplex (rental) without any CUP and the code provides an opportunity for Council to review W this condominium projeclls compatible and if Council finds grounds thet this is not compatible you have no opllons to look at this as a duplex (no CC&R'S). Antos moved, second by Shanks, Ie uphold the Planning Commission decision and direct steff to drefl a resolution for approval of CUP 06-4 with conditions limiting the height to 2 stories; and to drefl a resolution approving Tentetive Parcel Map 2006-160. AYES: NOES: Antos, Shanks Larson. Ybaban Molton felled . The City Attorney noted that if there are no other motions that receive a majority vota then the decision of the Planning Commission will be upheld. Councilman Ybaben steted that It appears thet the Planning Commission Is creallng a new zoning law that says W you build a rentel units then you abide by the culfantlaw and if you build a condo then you have a new law that says it can only be 2 stories high - Pfenning Commission does not have the authority to do this - the building will be built anyhow. e Page - 8 City Council- 01-24-06 Ybeben moved, second by Larson to grant the applicenfs appeal and direct staff to draft a resolutions for approvel of CUP 06-4 and Tentetive Parcel Map 2006- 160 for a three-story development with a 35 foot height limit on the rear half of the subject properly, subject to appropriate lerms and condlllons as determined by City Council. AYES: NOES: Larson, Ybaben Antos, Shanks Motion failed Ybaben moved, second by Larson, to continue this item, (unfinished business) wllhout public hearing, to the next Council meeting for further delibaretion. AYES: NOES: Antos, Larson, Shanks, Ybaben None Motion cerried Councilman Levitt returned to the Council Chambers. e PUBLIC HEARING I RESOLUTION NUMBER 5488 / PUBLIC WORKS I ADJUST BIDDING THRESHOLD I CITY CHARTER SECTION 1010 Tha Mayor declared the public hearing open for consideration of adjustment to bidding threshold on Public Works contrects. The City Clerk slated that the notice was published In the Sun newspaper on July 13th, 2008, as required by law and no correspondence for or egalnst this Item was recelvad by the City Clerk's office. The City Manager seid that the City Cherter, section 1010, allows the threshold for pUblic bidding to Increase per the engineers news record - increase from $22,400 to $23,200. Mayor Larson asked those who wish to speak to this item to approach the podium and state their name for the record. There being no speakers Mayor Larson declered the public hearing closed. Antos moved, second by Ybaben, to adopt Resolution Number 5488 antitied "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING AN ADJUSTMENT TO THE BIDDING THRESHOLD ON PUBLIC WORKS CONTRACTS IN ACCORDANCE WITH SECTION 1010 OF THE CITY CHARTER." By unanimous consent, full reading of Resolution Number 5488 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion cerried ORDINANCE NUMBER 1549U / ORDINANCE NUMBER 1550 / AMEND MUNICIPAL CODE SECTION 4.50.020 I TELEPHONE USER TAX Staff recommends that the City Council adopt Ordinance Number 1549U amending Section 4.50.020 of the Seal Beach Municipal Code, related to the Telephone User Tax to clarify original Intent and remove obsolate reference, and declaring the urgency thereof (requires 4/5 vote). Staff recommends Introduction and first reading of Ordinance 1550 amending Section 4.50.020 of the Seal Beach Municipal Code related to the Telephone User Tax to c1erify original intent and remove obsolete references. The City Manager read the titles of Ordinance Number 1549U and Ordinance Number 1550 for the record. The City AlIomey stated that this requires 4/5 vote. Ybaban moved, second by Antos, to adopt Ordinance Number 1549U entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 4.50.020 OF THE SEAL BEACH MUNICIPAL CODE, RELATED TO THE TELEPHONE USERS TAX, TO CLARIFY ORIGINAL INTENT AND REMOVE OBSOLETE REFERENCES, AND DECLARING THE URGENCY THEREOF." Ordinance Number 1549U will teke effect Immediately. By unenimous consent, full reading of Ordinance Number 1549U was waived. . AYES: NOES: Antos, Larson, Levill, Shanks, Ybaben None Motion carried e Page - 9 City Council - 01-2.4-06 Antos moved, second by Levitt, to approve first reading and Introduction of Ordinance Number 1550 enlltled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 4.50.020 OF THE SEAL BEACH MUNICIPAL CODE, RELATED TO THE TELEPHONE USERS TAX, TO CLARIFY ORIGINAL INTENT AND REMOVE OBSOLETE REFERENCES." The City AlIomey read the tilJe for the record and stated that the second reading and adoption would be at the next CouncU meeting. By unanimous consent, full reading of Ordinance Number 1550 was waived. AYES: NOES: Antos, Larson, Levlll, Shanks, Ybaben Nona Motion cerried Mayor Larson reoessed the City Council meeting at 11:10 p.m. and reconvened the meeting at 11:14 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to aclloum the Council meeting at 11:14 p.m. to Monday, August 14th, 2006 at 6:30 p.m. to meet in Closed Session, if deemed necessary. Clly Clerk and ex-oflicio clerk of the City of Seal Beech . Approved: Mayor Attest. 'City Clerk THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: e